Requesting the joint committee on government and finance to appoint
a task force to evaluate mitigating as it relates to the
environmental standards of the coal industry.

Whereas, The West Virginia coal industry competes for market
share with several other states, including all five of the
surrounding states; and
Whereas, The selling price of coal is determined by an
assortment of elements including the costs associated with the
compliance of government imposed standards; and
Whereas, The condition of the environment, including the
maintenance of the state's streams and wetlands, is important to
all West Virginians; and
Whereas, The filling of these wetlands, although necessary for
economic development, constitutes a serious permanent loss of
natural resources and public trust; and
Whereas, The preservation and protection of these streams and
wetlands, or due consideration of their appropriate replacement, is essential to maintaining the public trust; and
Whereas, The West Virginia division of environmental
protection, the agency charged with the responsibility of
regulating the environmental standards of the coal industry, has
established a program called "mitigation"; and
Whereas, There is a need to provide a clear definition of
"mitigation" and establish reasonable, scientifically based and
competitively referenced per acre "mitigation" values, which can
only be determined after a thorough review of the practices,
standards and regulations of the federal government and the
governments of other coal-producing states; therefore, be itResolved by the Legislature of West Virginia:That the joint committee on government and finance is hereby
requested to appoint a task force to conduct a study on the subject
of "mitigation"; and, be itFurther Resolved, That the task force should be composed of
three representatives from the coal industry as determined jointly
by the two major coal trade associations in the state; three
technical professionals appointed by the director of the division
of environmental protection; the state environmental advocate; two
members of the Senate, appointed by the president of the Senate;
and two members of the House of Delegates, appointed by the speaker of the House of Delegates; and, be itFurther Resolved, That the task force is to evaluate
appropriate levels of "in-kind" projects and cash donations; and
the distribution of donated moneys for stream restorations,
wetlands construction and economic development activities in the
counties where mitigating activities take place, and in other
counties; and, be itFurther Resolved, That the task force is directed to meet
during the year one thousand nine hundred ninety-six, and report
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations, no
later than the first day of January, one thousand nine hundred
ninety-seven; and, be itFurther Resolved, That the expenses necessary to conduct the
study and to prepare appropriate reports, recommendations and
proposed legislation be paid from the legislative appropriations to
the joint committee on government and finance.